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REPORT <br />To the Honorable Mayor and City Council <br />From the City Manager <br /> <br />November 28, 2016 <br /> <br />SUBJECT <br />Approval of the General and Special Release to Resolve Litigation Pincombe v. City of <br />Redwood City <br /> <br />RECOMMENDATION <br />By motion, approve settlement as memorialized in the General and Special Release in <br />Pincombe v. City of Redwood City <br /> <br /> <br />BACKGROUND <br />This case involves a personal injury claim by Rita Pincombe against the City and <br />adjacent property owners for a dangerous condition of public property. Ms. Pincombe <br />suffered injuries on May 25, 2015, when she tripped and fell on a public sidewalk. Ms. <br />Pincombe suffered serious injury as a result of the fall. Following mediation, the parties <br />agreed to a global settlement of $125,000 wherein, the City agreed to contribute <br />$62,500 towards settlement and the adjacent property owners agreed to contribute <br />$62,500. These terms have been memorialized in a General and Special Release to be <br />signed by Plaintiff and his attorney. <br /> <br />ANALYSIS <br />The City Attorney’s office recommends approval of the settlement as delineated in the <br />General and Special Release. <br /> <br />ALTERNATIVES <br />Council could elect not to approve the settlement. <br /> <br />FISCAL IMPACT <br />The settlement proceeds will be withdrawn from the City’s general liability fund. <br /> <br />ENVIRONMENTAL REVIEW <br />This activity is not a project under CEQA as defined in the CEQA Guidelines, section <br />15378, because it has no potential for resulting in either a direct or foreseeable physical <br />change in the environment. <br /> <br /> <br />6.1.H. - Page 1